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Messages - Robert Krausankas (BuddhaPi)

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UT must eat from the dollar menu daily, cause why would anyone pay 8 bucks for a burger?!...

Getty Images Letter Forum / Re:
« on: August 16, 2018, 01:40:10 PM »
I don't think it matters what the "site" is about...the court would only deal with the image in question, not the site as a whole. Fair Use is solely up to a judge to determine and can sometimes be a very grey area.. see link below:

Getty Images Letter Forum / Re:
« on: August 15, 2018, 02:18:11 PM »
I figured as much in regards to the model release, I would think that if one was standing on a public street and I snapped a picture with some pedestrians, I would not need a model release either..I never got into the model release thing, I prefer to not shoot people.

Getty Images Letter Forum / Re:
« on: August 15, 2018, 12:55:05 PM »
Getty should have a model release, if they don't I don't think they can use the image..

Getty Images Letter Forum / Re: another copytrack letter
« on: August 15, 2018, 12:53:06 PM »
tell the collection agency to shag off...this is a "claim" not a debt..there has been no judgment or anything else saying this is a debt.. Alert the collection agency that if they continue to contact you in this matter you will report them to the FTC, remind them of The Fair Debt Collection Practices Act (FDCPA).

The Bietbart case from the 2nd Circuit, which does not require possession of the image, seems to be the opinion more courts are adopting. 

So in other words if you outside the 9th circuit and "embed" or link to image from Getty you could still be on the hook for infringement?? Even though getty now allows  on their images??... I think if it were me I would argue this decision tooth and nail, and stand my ground that no copy was made..

Getty Images Letter Forum / Re: Picrights & AFP Copyright Infringement
« on: August 14, 2018, 02:05:13 PM »
gotta love that they post the confidentiality agreement publicly...

nope....linking to an outside source ( image) is not infringement, as there is no "copy".

not to mention the vast difference in pricing between "royalty free" and "rights managed" images..

What i find interesting is that Unfairly Targeteds first post regarding Schwabel, was 4 yrs ago ( as mentioned by DvG, i did not verify this on my own)...the SOL is 3 in essence it's over and done with...

I for one have always respected the copyrights of others, and have no issue with photographers enforcing those rights, my issue is the amounts demanded, and the way in which attempt to enforce their rights.. andf this does not apply to all of the letters we have seen. We have seen some letters that request a reasonable amount and even Getty themselves have drastically lowered the settlement amounts.

read the froums, get educated. I would tell you not to contact them, but to late for that.. some points...

1. If the site served ads, it generates revenue, hence the comeercial use...amount of revenue doesn't matter.
2. amount of times viewed is irrelevant.
3. how many times the image appears in search results is also irrelevant.

everybody pays something, whether it be in the forms of money, time or energy, only you can decide how to proceed.

Getty Images Letter Forum / Re: email from Leslie Burns
« on: July 27, 2018, 06:21:33 PM »
This image.
25.7 billion matches.  My apologies for being wrong on the number.

Search for japanese garden maple and you'll find a few thousand almost identical images taken by everyone and their grandmother.  I stopped scrolling after the first few pages.

That is an iconic landmark, that is constantly may look like a copy of many others, and it is very similiar, but it is original in the legal sense... artist travels here, with his own equipment, determined what settings to use, then did work in post, making it his original's not surprising you see this number or results.. I'd be willing to bet you get similar results for the statue of liberty.. I'm not defending the artist, but your argument seems flawed to me.

Sometimes the obvious needs to be stated.  That is what three decades of being in the legal practice will do to you.   I do have free time on my hands if Higbee is hiring in south Florida.   Though, I may be a little too defendant friendly and old for their crew.   8)

where in south florida are you located if I may ask? perhaps we could do lunch sometime?

i'll try to get some time to go into pacer to look at the supporting documents. My guess it's more for confidentiality, than "protection"

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